DYNAMIC YIELD, INC. WEBSITE PRIVACY POLICY

Last Updated April 03, 2017

Dynamic Yield (“DY,” “we,” “us,” or “our”), including Dynamic Yield Ltd., and its wholly owned subsidiaries, Dynamic Yield, Inc. and Dynamic Yield UK Ltd. comply with the EU-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union to the United States. DY has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit www.privacyshield.gov.

DY respects the privacy of the users of its website at http://www.dynamicyield.com (the “Website”) and of its services, which operate across both DY’s Site as well as those of third parties (and together with the Website, collectively, the “Offering”), and is committed to protecting the information DY collects and/or is disclosed to it by the users of the Offering (“End Users” or “you“).We have created this privacy policy (this “Website Privacy Policy”) because we know that you care about how information you provide to us is used and shared.[1].

Acceptance of Terms

By visiting our Website, you are agreeing to the terms of this Website Privacy Policy and the accompanying Terms and Conditions.

The Information We Collect

DY collects the following types of information from its End Users at several different points throughout the Offering:

In general

When you visit our Website or otherwise utilize our Offering you remain anonymous. That said, certain aspects of our Offering, whether deployed by others or by us, will require registration and/or the collection of information that is more personal in nature. In those cases, personal information, such as name, address, contact information and other information that may be protected by law as personally-identifiable information (“Personal Information” or “PII”) may be collected from you and stored in our databases, typically when you register to the Site, request support enter into a sales promotion or otherwise interact with us (for example through the “contact us” option). It should be made clear that you have no legal obligation to provide us with any PII and the submission of such information is entirely subject to your sole discretion and consent. However, if you will not provide us with the required information we may not be able to provide you with the information/services requested by you.

Other Information

In addition to the Personal Information, we may collect additional information (collectively, the “Other Information”). Such Other Information may include:

a. From Your Activity

Information that we or our technology providers may automatically collect when you visit, access, and/or use the Website, such as your IP addresses, Internet service provider, domain server, type of computer, browser type and language, referring and exit pages and URLs, date and time, amount of time spent on particular pages, what sections/features of our Offering that you visit/utilize, number of links you click while on the Website, search terms, and operating system. We may also collect statistical and other data related to your use of our Offering as well as information on Offering usage patterns. This information is collected and used as non-individually identifiable information.

b. From Cookies and JavaScript Tags

We use session identifiers, web beacons, cookies, JavaScript tags, and other tracking technologies. A cookie is a piece of data stored on an End User’s hard drive containing information about the End User. We use these technologies to enhance the End User experience of our Offering, and as a result, these technologies may be deployed by DY in any portion of the DY Offering. Usually an Internet browser is set by default to accept cookies. If an End User rejects the cookie, he/she may still use our Offering, though certain features, tools and applications may be disabled or otherwise unavailable. We may also use cookies to track and monitor usage of the Offering by End Users for the marketing and quality improvement purposes. Most browsers will allow you to erase cookies from your computer/device hard drive, block acceptance of cookies, or receive a warning before a cookie is stored.

We may use JavaScript tags to trigger a sequence of events that includes viewing a first-party cookie (or setting that cookie if it does not already exist) and to help us tailor and optimize our DY Offering for both our End Users and enterprise clients.

In addition to the foregoing, DY reserves the right to use the Google AdWords Remarketing Service (the “Google Service”) for advertising purposes. By using the Google Service, visitors of those sites, apps and other digital properties belonging to DY’s enterprise clients may see advertisements in third parties’ websites (including, without limitation on Google’s search results page or a site in the Google DisplNetwork). Any data collected by DY using the Google Service will be subject to both this Privacy Policy as well as Google’s Privacy Policy.

c. Social Media Widgets

Our Offering includes Social Media features, such as the Facebook Like button. These features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the feature to function properly. Social Media features and Widgets are either hosted by a third party or hosted directly on our Website. Your interactions with these features are governed by the privacy policy of the company providing it.

Third Party Service Providers

Our third-party service providers may use information (not including your name, address, email address or telephone number) about your visits to this and other web sites, mobile websites and/or mobile applications across your various devices, in order to provide content and advertisements about goods and services of interest to you across those various devices. If you would like more information about this practice and to know your choices with respect to it, please: (1) visit the DAA opt-out program available http://www.aboutads.info/choices/ or the Evidon opt-out program available at https://www.ghostery.com/support/global-opt-out/ 1. to learn how to opt out of having your information collected in browsers for ad serving purposes; and (2) download the Ghostery Ad Control application, available for iOS and Android, to learn how to opt out of having your information collected in mobile apps.

External Websites

The Website may contain links to third-party websites. DY has no control over the privacy practices or the content of these websites. As such, we are not responsible for the content or the privacy policies of those third-party websites. You should check the applicable third-party privacy policy and terms of use when visiting any other websites.

How We Use Information

For Internet-based Advertising and Improvement of our End-Users Experience

We use the Personal Information and the Other Information (collectively, the “Information”) for purposes of analyzing trends, administering our Offering, improving our services, and to gather demographic information about our End User base as a whole. We also compile and store data and information and generate reports related to our End Users’ access to and use of our Offering. To the extent required under applicable data processing laws and regulations, any PII that we collect will be stored in our database and will be used in accordance with such applicable laws and regulations.

We typically analyze this information and organize it into user groups and audiences, based on factors such as age, gender, geography, interests and online actions. We then use these user groups and audiences, along with information about the possible relationships among different browsers and devices, to design and deliver customized advertising campaigns or other relevant content. This is often referred to as Interest-Based Advertising. To enable the foregoing, the DY Solutions use technology including browser cookies, device identifiers, and other similar technologies to recognize a particular browser or device over time, to predict possible relationships among different browsers and devices and to then relay this information to our servers.

DY retains the End User data described above which is collected through our DY Solutions for purposes of Interest-Based Advertising for up to twenty-four (24) months from the date of its collection.

Email Communications

We do not send emails to anyone without permission , and we do not sell or rent email addresses to any unauthorized third party. This does not mean that we can prevent spam from happening on the Internet. If you believe that you have received an unsolicited email from us, please contact us at the e-mail below and we will investigate.

At any time, you have the ability to opt out of receiving marketing communications from DY, but you may not opt out of administrative emails. You can opt out either changing your e-mail preferences or using the link provided at the bottom of each email message or through any other means that is made available to you

How We Share the Information

We do not share, distribute, sell or rent any of your PII with/to third parties, including our enterprise clients, except in the following circumstances:

If you have opted out of our ability to use your e-mail address, we may share your decision to opt out with third parties to effectuate that decision;

If the information is required by law in order to prevent, investigate, or take action regarding illegal activities. In addition, we will share information in response to legal process, court orders, subpoenas, or to establish or exercise our legal rights or defend against legal claims;

We may also disclose the Information to any government or law enforcement authority or regulatory agency in response to lawful requests by applicable local law enforcement agencies or regulatory agencies, or agencies with responsibility to oversee and enforce national security;

We may share some or all of your Information with any of our parent companies, subsidiaries, joint ventures, or other companies under common control with us.

Information collected from End Users of the DY Offering, including PII, may be transferred as part of or in connection with a corporate merger, consolidation, restructuring, the sale of substantially all of our shares or stock and/or assets or other corporate change, including, during the course of any due diligence process. By making available your data through the Offering in any manner, you agree that your information may be transferred to third parties under such or similar circumstances.

For the purpose of providing and operating the Offering we may share PII with trusted third-party service providers that require access to such data for purpose of providing Offering-related services to us only. Any data processing performed by any third party with whom we have provided End User information (either PII or non-PII) will, if and when required by law, be governed by a data sharing agreement, in which we will require that these third parties comply with the EU-US Privacy Shield and this Platform Privacy Policy or with privacy policies at least as protective as this Privacy Policy; and,

If we have your permission to do so.

Links

Our Site may have links to the sites of other companies, including those of our enterprise clients. We are not responsible for their privacy practices. We encourage you to learn about the privacy policies of those companies by visiting their respective websites, apps, etc.

Policy Toward Children

We do not knowingly collect PII from children under the age of 13. If you are under 13, please do not give us any Personal Information. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Website Privacy Policy by instructing their children never to provide Personal Information through the Website without their permission. If a parent or guardian becomes aware that his or her child has provided us with PII without his/her consent, he or she should contact us at privacy@dynamicyield.com. If we become aware that a child under the age of 13 has provided us with PII, we will delete such information from our files.

Security

We follow generally accepted industry standards to protect the Information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, due to the nature of Internet communications and evolving technologies, unauthorized entry or use, hardware or software failure, and other factors, the security of End User information may be compromised at any time. Therefore, we cannot guarantee the absolute security of the Information and disclaim any assurance that such information will remain free from loss, misuse, or alteration by third parties who, despite our efforts, obtain unauthorized access.

California Privacy Rights

DY does not monitor, recognize, or honor any opt-out or do not track mechanisms, including general web browser “Do Not Track” settings and/or signals. If an End User is a California resident, California Civil Code Section 1798.83(c)(2) permits such individual to request information regarding the disclosure of his/her information by DY to third parties for such third parties’ direct marketing purposes. To make such a request, please send us an email to privacy@dynamicyield.com.

Accessing and Modifying Information and Communication Preferences

Visitors who have provided Personal Information to us may access, remove, review, and/or make changes to the same by following the instructions found on the Website. In addition, you may manage your receipt of marketing and communications by clicking on the “unsubscribe” link located on the bottom of any DY marketing e-mail or by following the instructions found on the Website. We will use commercially reasonable efforts to process such requests in a timely manner. You should be aware, however, that it is not always possible to completely remove or modify information in our subscription databases.

We may rectify, replenish or remove incomplete or inaccurate Information, at any time and at our own discretion.We will retain the Information we collect for as long as needed to provide our Offering and to comply with our legal obligations.If you would like to opt-out of DY’s collection of Information through the Website, please click this button below:

Opt Out

International Transfer of Data

In the process of making available the Offering to its End Users, DY may transfer information that it collects to affiliated entities or to other third parties across borders and from your country or jurisdiction to other countries or jurisdictions around the world. By using the Offering, you consent to the transfer of your information to the United States and elsewhere. DY accepts full accountability and responsibility for the protection of your Personal Information, according to the applicable privacy legislation, the EU-US Privacy Shield and this Privacy Policy, during the course of these onward transfers to third parties.

Important Notices to Non-U.S. Residents/Privacy Shield Certification

It is important to note that the Website and its servers are operated in the United States and elsewhere. If you are located outside of the United States, please be aware that any Information will be transferred to, processed, and used in the United States and elsewhere. By using the Website and by providing us Personal Information when using our Website, you irrevocably and unconditionally consent to such transfer, processing, and use of the Information in accordance with this Website Privacy Policy.

In order to comply with the Privacy Shield framework, DY commits to the resolution of complaints about your privacy and our collection or use of your Personal Information. We have also committed to resolve any complaints by European Union citizens relating to this Website Privacy Policy, which cannot be resolved directly with our company, through a panel established by the EU Data Protection Authorities (“EU DPAs”) as our Independent Recourse Mechanism (“IRM”).

If you have any questions regarding this Website Privacy Policy, please contact us as described in the “How to Contact Us” section below. We will investigate your question, respond to your inquiry, and attempt to resolve any concerns regarding your privacy question. If you do not receive acknowledgement of your complaint or, if your complaint is not satisfactorily addressed by DY, then please contact us to be directed to the relevant DPA contacts. As further explained in the Privacy Shield Principles, a binding arbitration option will also be made available to you in order to address residual complaints not resolved by any other means. We have registered with the United States Council for International Business to cover the operating costs of the EU DPAs’ Dispute resolution panel. DY is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission (FTC).

Changes to This Website Privacy Policy

This Website Privacy Policy is effective as of the date stated at the top of this Website Privacy Policy. We may change this Website Privacy Policy from time to time. By accessing and/or using the Website after we make any such changes to this Website Privacy Policy, you are deemed to have accepted such changes. Please be aware that, to the extent permitted by applicable law, our use of the Information is governed by the Website Privacy Policy in effect at the time we collect the Information. Please refer back to this Website Privacy Policy on a regular basis.

How to Contact Us

If you have questions about this Website Privacy Policy, please contact DY via e-mail at privacy@dynamicyield.com with “PRIVACY POLICY” in the subject line or at the contact information on our Contact Us page.